Supreme Court (SC) has adjourned hearing of video scandal case for three weeks besides summoning FIA inquiry report from Attorney General (AG).Government has taken stance article is there and contempt of court and forum like FIA is functioning, then the present petitions should be dismissed
ISLAMABAD (Pakistan Point News / Online - 23rd July, 2019) Supreme Court (SC) has adjourned hearing of video scandal case for three weeks besides summoning FIA inquiry report from Attorney General (AG).Government has taken stance article is there and contempt of court and forum like FIA is functioning, then the present petitions should be dismissed.SC remarked " we will not dive into darkness. First of all we want to see what is there in inquiry report.
Prime Minister (PM) has also said that we should take suo motu notice on this matter but we will not take any action at some one's behest. If we have to do any thing then we ourselves will do it. We will decide on Judge conduct. As per affidavit judge was pressurized in connection with video message.A 3-member bench of SC presided over by Chief Justice of Pakistan (CJP) Asif Saeed Khosa took up the case for hearing Tuesday.AG Anwar Mansoor Khan argued through petition request has been made for constitution of judicial commission.
One request has been made to initiate action against judge Arshid Malik. All the facts have come before the court and affidavit of the judge has also been filed in this regard. Arshid Malik has filed a complaint in FIA. Case has been registered under FIA Cyber Crime Act on filing of complaint under electronic crime act. Under section 20 of electronic crime act punishment of 3 years and fine of Rs one million can be awarded. The sentence for blackmailing some one by making his obscene picture or photo stands at 5 years term in jail and fine to the tune of Rs 5 million.
Under section 13 punishment of 3 years and fine amounting to Rs 2.5 lac can be awarded for electronic forgery. As per FIA, the accused Mian Tariq Mehmood has been arrested and after seeking his remand twice he has now been sent to jail. A land cruiser was recovered from the accused Mian Tariq.He said according to Mian Tariq the cheque which was given to him could not be cashed. Mian Tariq has several videos of judge Arshid Malik. Some videos have been sold out to Mian Salim Raza who provided these videos to Nasir Butt and now Nasir Butt has gone abroad.
The investigations are underway in this connection and FIA is reaching more suspects. The videos available in USB have been obtained and these all videos have been used for blackmailing.CJP remarked one video has been got verified.AG replied no laboratory in Pakistan can carry out forensic of video. FIA has done forensic on its own but there is no laboratory working in Pakistan which is ISO certified. Videos were made from 2000 to 2003 and original videos were lying in cassettes and recovery has been made from USB.
On the information of MianTariq, video has been recovered from bed table.CJP remarked judge had committed such act therefore, he was blackmailed;.AG replied as judge Arshid Malik should not have done so.CJP inquired there is also one video which has been shown in press conference.AGsaid judge has contradicted some part of the video which was shown in press conference. One aspect pertains to staying of judge in the job and the second aspect belongs to Al-Azizia case.
CJP remarked according to judge meeting with Nawaz Sharif was held in April. When Nawaz Sharif had filed appeal. Nawaz Sharif appeal was filed timely. How the judge reviewed it. We will have to see if judge has given his stance honestly or otherwise.AG said review will have to be taken at every cost that judge view point is correct to what extent. Efforts are continuing to recover original video which was shown in press conference.CJP remarked audio and video was mixed then it was shown in the press conference.
Recording of audio and video were made separately.AG said the petitions filed in the court should be dismissed. When legal forums are available then what is need of constituting commission.Justice Umar Ata Bandial remarked as per affidavit judge was pressurized with regard to video message.CJP remarked " perhaps Nasir Butt wanted to include new points in appeal. It has not been said in the affidavit that appeal has not been filed.AG said the judge has other option of contempt of court and section 16B under NAB laws.
Proceedings can be initiated under section 20 of PEMRA law.CJP remarked law is applicable to tv Channel too.Justice Umar Ata Bandial remarked the court has to review the truth of all the allegations.AG said today I am not representing the government but I am assisting the court.CJP remarked one option is of FIA, second of NAB, third of Pakistan Penal Code , 4th of PEMRA law, 5th of government commission and 6th of Judicial commission.
One option is also this that all the petitions should be dismissed and last option is this that court should itself decide.AG said proceedings in respect of applications will influence appeal in high court.CJP remarked any commission or PEMRA cannot quash Accountability Court decision. Only high court can provide relief to Nawaz Sharif after reviewing the evidence. Judicial commission can give opinion only and not decision. High Court will give decision after reviewing evidence.
Will SC interference give any benefit or it will generate headlines .AG said no party has filed appeal in high court so far.Justice Umar Ata Bandial remarked investigation into video scandal must be conducted.CJP remarked we will review the conduct of judge. Going to criminal home by judge after awarding punishment is correct or otherwise. Was meeting relatives and friends of the criminal and meeting in Haram Sharif by judge was correct or not. Don't worry. Only the SC will give decision on the conduct of judge.Justice Azmat Saeed remarked all the proceedings should be initiated on the proper forumCJP remarked we will not take a leap in dark . We want to see what is in the inquiry report. We will not any action at some one's behest.The court while seeking FIA inquiry report from AG adjourned the hearing of the case for three weeks.
